Opinion
June 16, 1988
Appeal from the Family Court of Delaware County (Estes, J.).
On April 28, 1987, Family Court adjudged petitioner, the Delaware County Commissioner of Social Services, in contempt and imposed a fine in the amount of $250. Petitioner appealed and, in connection therewith, obtained a Family Court order settling the transcript pursuant to CPLR 5525 (c). Petitioner now appeals from the order settling the transcript.
The appeal must be dismissed. An appeal may not be taken as of right from a nonfinal order of Family Court (see, Family Ct Act § 1112 [a]; Firestone v Firestone, 44 A.D.2d 671, 672) and it does not appear that petitioner has sought leave to appeal. Even were this not so, the order appealed from would be affirmed since the trial court has the responsibility for settling the trial transcript and deciding any controversies between the parties with respect thereto (CPLR 5525 [c]; see, Kraemer v Gallagher, 21 A.D.2d 682). In the absence of a clear showing of abuse of power, not present here, the certification of the trial minutes by Family Court will be held conclusive (see, McLaughlin v United Airlines, 84 A.D.2d 883; see also, People v McGoldrick, 284 App. Div. 978; Thomas v American Molasses Co., 158 App. Div. 692, 693).
Appeal dismissed, without costs. Casey, J.P., Weiss, Yesawich, Jr., Levine and Mercure, JJ., concur.